Andre Q. Bacon v. State of Indiana (mem. dec.)
41A04-1702-CR-292
| Ind. Ct. App. | Jul 27, 2017Background
- On Sept. 18, 2015, Andre Q. Bacon and coworker Brad Gallagher went to Joel Bragg’s house; a confrontation occurred involving Joel, his father Michael, and Joel’s stepmother on the front patio.
- Bacon asked Michael about prior violent incident involving Michael’s ear; words escalated, Bacon moved close to Michael and used a term of address to Joel’s stepmother.
- Testimony describes Bacon tackling Michael, putting his hand around Michael’s throat, slamming Joel’s head into a brick wall, pushing Michael through/beyond the patio railing (breaking it), and leaving in a truck with Gallagher. Victims sustained head lacerations and other injuries.
- Bacon testified he acted in self-defense, claiming Michael brandished a fireplace poker and he grabbed Michael to prevent being struck; he denied some of the more violent acts attributed to him.
- Bacon was convicted after a bench trial of two counts of class A misdemeanor battery, class A misdemeanor criminal trespass, and class B misdemeanor criminal mischief; court sentenced him to concurrent jail terms and probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence negates self-defense for battery convictions | State: Bacon was initial aggressor; was asked to leave; tackled and choked Michael and used disproportionate force | Bacon: Acted in self-defense because Michael armed with a poker and posed imminent threat; left after confrontation | Court: Affirmed — State presented sufficient evidence to disprove self-defense; Bacon was initial aggressor and used unreasonable force |
| Whether evidence supports criminal trespass conviction | State: Bacon refused to leave after being asked and participated in the assault on property | Bacon: He was invited/there unintentionally and left after the fight began | Court: Affirmed — trier of fact could find he refused to leave and thus trespassed |
| Whether evidence supports criminal mischief (property damage) conviction | State: Bacon’s actions caused the railing to break and patio to be in disarray | Bacon: Disputes causation and some evidentiary inconsistencies (photos, witness relations) | Court: Affirmed — sufficient evidence of reckless/intentional damage to property |
| Whether testimonial inconsistencies undermine verdict | Bacon: Witnesses were related, some inconsistencies and omitted defense witness Gallagher | State: Cross-examination exposed inconsistencies; credibility is for trier of fact | Court: Affirmed — credibility resolved by trial court; inconsistencies insufficient to overturn verdict |
Key Cases Cited
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (sets elements and burden-shifting for self-defense claims)
- Harmon v. State, 849 N.E.2d 726 (Ind. Ct. App. 2006) (force used in self-defense must be proportionate; excessive force negates claim)
- Rodriguez v. State, 714 N.E.2d 667 (Ind. Ct. App. 1999) (credibility conflicts do not permit reweighing on appeal where probative evidence rebuts self-defense)
- Barton v. State, 490 N.E.2d 317 (Ind. 1986) (trier of fact may credit one version of events over another)
- Scott v. State, 867 N.E.2d 690 (Ind. Ct. App. 2007) (appellate court defers to factfinder on witness credibility)